A judge has rejected a request from campaigners for a judicial review of permission for a development which will see homes built on the Old Tidemill Wildlife Garden.

This comes after a long dispute between residents, campaigners and the council over development plans submitted by Peabody, with campaigners occupying the council-owned garden in Deptford since August 29.

The garden is part of regeneration plans which includes the demolition of 16 council homes at Reginald House and the Old Tidemill Wildlife Garden to make way for a 209-home development, 117 of which will be let at “genuinely affordable” rates.

Save Tidemill Save Reginald campaigners made a case at the Royal Courts of Justice for a judicial review into the council’s decision to grant planning permission to Peabody on the grounds the plans did not meet ‘right to light’ guidelines for neighbouring Frankham House.

Cabinet member for housing, Paul Bell, welcomed the decision, and said the development would significantly increase the number of social homes on the site.

“We have been very clear all along about our commitment to provide much-needed homes for local people and this development is a key part of that.

“We are very keen to move forward as the longer the delay to the scheme, the longer the wait for those on the housing list,” he said.

Lewisham Council was granted a repossession order of the garden last month, with repossession expected to take place on Wednesday.

Campaigners are preparing to appeal the decision, they said.

In a statement, their solicitor Richard Buxton said the decision was “a real blow for the use of the guidelines which are used by planning authorities throughout the country in relation to daylight, sunlight and overshadowing issues.”